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1985-06-03 RGM r ( r AGENDA TOWN BOARD TCMN OF WAPPINGER BIMONTHLY MEETING JUNE 3, 1985 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEG lANCE TO FLAG 3. ACCEPI' MINUTES 4 . RE PORTS OF OFF ICERS : 5. PETITIONS & COMMUNICATIONS a. Herman Osten re: request Town ask County to eliminate "Passing Zone" on Old Hopewell Rd. in area of Spook Hill Rd. b. L. Richard Rosenberg request for street light at intersection of Chelsea Rd. and Chelsea Ridge Drive (Chelsea Light Dist.) c. Jas. Spratt, Comma reply to further Town request for extended speed limit on Old Hopewell Rd. d. Notice of Public Hearing from P. DiGrandi, Clerk to D. Co. Legislature re: designation of potential critical env. areas ( D. Co. Airport Balefill) e. "Letter of Credit" offered by R. Barger & D. Stenger for River- wood Est. Section 2. f. Easement agreement between Ca1o-Defazio and Town of Wappinger 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Establishment of Capitol Reserve Funds for Drainage and Subdivision Inspection Fees b. Payment to Morris & Andros of $2,395 out of Downstream drainage and Subd. Insp. Fee Accounts. c. Hayward and Pakan - Change Order for new Vault modifications. d. Approval of Special Use Permit for Montfort - Green Fly Swamp Area e. Bids for sale of Town Car. f. Accept Finnegan Contract for re-evaluation & authorize Sup. to g. Res. for Increase of Building Permit Fees 8. UNFINISHED BUSINESS a. Report from Eng. on approximate cost of construction of installati n of Sanitary Sewer Line under Rte 9 at New Hackensack Rd. at time of State reconstruction. 9. NEW BUSINESS 10. ADJOURNMENT '-. II d l l L /~o The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on Jme 3, 1985 at the Town Hall, Mill Street, Wappingers FAlls, New York. Supervisor Versace opened the Meeting at 8:05 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of May 20, 1985, having previously been forwarded to all Board Members, were now placed before the Board for their consideration. MRS. PAINO moved that the Minutes of May 20, 1985, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Ballard Motion Unanimously Carried The Reports from the various departments were just received today and the Board had not had the opportunity to review them. MR. VERSACE moved to table acceptance of the reports until the next meeting. Seconded by Mrs. Paino Motion Unanimously Carried Petitions & Communications Mr. Herman Osten wrote to the Town Board requesting that they contact the Dutchess County Department of Public Works regarding the elimination of passing zones on Old Hopewell Road at the Spook Hill Road intersection. MRS. PAINO moved to request the Town Clerk to send a letter to Mr. Spratt, Commissioner of the Dutchess County Department of Public Works as requested by Mr.Osten and enclose a copy of Mr. Osten's letter stating the problems he is experiencing due to the passing zones in that vicinity. Seconded by Mr. McCluskey Motion Unanimously Carried /~I A request was received from L. Richard Rosenberg, owner of the Chelsea Ridge Apartments on Route 9D, asking that the Town Board contact Central Hudson for a street light at the intersection of Chelsea Ridge Drive (their main entrance) and Chelsea Road; this location is within the Chelsea Lighting District. MR. INCORONATO moved to request the Town Clerk to contact Central Hudson regarding the installation of a street light at this inter- II section, as requested by Mr. Rosenberg. Seconded by Mrs. Paino Motion Unanimously Carried In answer to our letter of May 22, 1985 requesting the extension of the 45 MPH speed limit on Old Hopewell from the Kendell Farms Development to All Angels Hill Road, Mr. Spratt, Commissioner of the Dutchess County Department of Public Works, advised the Town Clerk that it was not warranted at this time, however, any further development on Old Hopewell Road will trigger the required warrants, and at that time their request will be considered. MRS. PAINO moved to accept this correspondence and place it on file. II Seconded by Mrs. Ballard Motion Unanimously Carried A Notice of Public Hearing was received from the Dutchess County Legislature for June 10, 1985 at the County Office Building regarding the Dutchess County Airport Balefill. Mrs. Paino noted that this pertains wholly to Dutchess County, not the Town of Wappinger, and as Sub-Chairman of the Landfill Committee, she will attend the Public Hearing. MRS. PAINO moved to accept the Notice of Public Hearing and place it on file. Seconded by Mr.Incoronato Motion Unanimously Carried II A Letter of Credit was submitted by Richard Barger and David Stenger for Section 2 of the Riverwood Estates in the Chelsea Area. Mr. Kessler and Mr. Evangelista had reviewed the document and determined that it was insufficient. Mr. Evangelista distributed his report to the Board and explained its contents; noting that the items covered should be further clarified and J~:Z l the expiration date should be extended from May 16, 1986 to December 31, 1986. MR. VERSACE moved to request the Attorney to contact Mr. Barger and Mr. Stenger itemizing the concerns both he and the Engineer have and request resubmission of the Letter of Credit. Seconded by Mrs. Paino l Motion Unanimously Carried The matter was tabled to the June 17, 1985 meeting pending a response from the principals of Riverwood Estates. An Easement Agreement between Charlotte Calo and Maria DeFazio and the Town of Wappinger was previously submitted to the Building Inspector and forwarded to the Attorney to the Town for his review. According to Mr. Kessler, the document was proper in form, however, the Engineer stated that it did not properly describe the easement area in question and recommended that it should not be accepted by the Town Board. MR. VERSACE moved to table action on this document and requested the Attorney to contact the principals informing them that the property description was not accurate. Seconded by Mrs. Paino L Motion Unanimously Carried Prior to Committee Reports, Mr. Versace announced that since a water ban was placed on water consumption in the Town, a very good response was received from the residents. If this coopera- tion continues he feels there will be no water shortage problem this summer.which will hopefully eliminate the need for an emergency ban His second item referred to the purchase of a new car for the Building Inspector since his car was assigned to the Vandalism Patrol and he noted that Mrs. Garrisson has been informed that the local car dealers will no longer honor state contracts. MR. VERSACE moved that the Comptroller be authorized to go to bid on a new car to meet the needs of the Building Inspector. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports--- Mrs. Ballard, Recreation, at the last Town Board meeting there were some questions on proposed changes requested by the Recreation Commission at the Spook Hill Recreation Area. Since then the 1~3 Engineer has visited the site and found no problem with the proposed changes. He had spoken to Mr. Klein about additional screening near the handball court; he noted that the swing set and pile of sand were previously situated to combine with the walkway alignment, since there will no longer be walkways and it is anticipated that a ballfield will be put there, he recommended that the swings and sand pile be relocated. Mrs. Ballard II commented that Mrs. O'Hara, adjacent neighbor to the site has concerns on security and safety for the children and she felt the Recreation Commission should consider this factor. They, too, should decide about the location of the items mentioned by Mr. Evangelista. Mrs. Ballard reported that everything was going into place on the summer playground program; announcements will be put in the paper notifying the residents of the registration for the playground. Mrs. Ballard, Election---regarding adjustments to various polling places for easy accessibility for the handicapped, New Hackensack Fire House and Immanuel Christian Reformed Church have responded and informed Mrs. Ballard that they will make available level _I' :: ..", entrances that they do have at these facilities; Mrs. Croshier, Secretary to Hughsonville Fire District informed her that they will make the necessary adjustments to the front entrance plus the fact that the back entrance has been made accessible for the handicapped. Mr. Todd from the Chelsea Fire District has been in touch with Mrs. Ballard and this will be discussed at their meeting of June 12, 1985 and a report will be forthcoming at the next meeting. The Knights of Columbus on Route 82 have not responded to the information provided to them on leveling their entrance, Mrs. Ballard will contact the person in charge of the building and ask his decision on this matter. during the townwide pickup has to be removed from the Castle Point 1.....'.:1........._7 II Mrs. Paino, Landfill, reported that the scrap metal collected site and Mr. Croshier has offered the services of the Highway Department to remove the metal to a local scrap dealer which will save the Town the expense of hiring outside people to do the job. MRS. PAINO moved to authorize the Highway Department to remove the scrap metal from the Castle Point Landfill Site to a local scrap dealer. Seconded by Mr. McCluskey Motion Unanimously Carried /&9'" >"., , Mr. Incoronato, Zoning Ordinance, has continued his investiga- tion of the Ordinance and has discovered various violations. He referred to Section 404.~stating that there shall be no non-conforming signs in the Town within three years of the adoption of the Zoning Ordinance (March 10, 1980). He has l observed three billboard signs that do not comply due to size. Under 416.2, all signs must pertain to the use conducted on the property, therefore these billboards are illegal under this section also. He recommended that the Attorney notify the Zoning Administrator to issue an Order to Remedy if he agrees with these facts. The signs are owned by Poughkeepsie Highway Display Corp. and are located opposite Montclair Apartments on Route 9D. The Attorney replied that the Zoning Administrator should investigate the status of the signs and report to him, they would proceed with the proper action at that time. Mr. McCluskey asked the Attorney to check into the legality of mandating removal of the billboards if they were put up before the laws were passed. l' , ' Mr. Incoronato referred to another violation---trucks parked in a residential area belonging to the Diamond Snake Co. and included a truck with a flat bed equipment carrier attached, van and truck with 4- diameter pipes. He requested the Attorney to advise the Zoning Administrator how to proceed with the elimination of this violation. A third violation, as reported by the Fire Inspector was at the Legion Fireworks in Chelsea. In his report of May 28, 1985, local residents on Booth Boulevard complained of excessive noises from the company, two explosions and frequent testing. Mr. Classey indicated that the premises were not in conformance with the code in that there is not a fence at least 6' high, and the distance L required between the processing plant and the nearest inhabited building is 800', he found it to be approximately ISO'. Another concern is that the company has obtained a permit to store 5,000 Ibs. of black powder from the Department of Labor. He pointed out that the peak of their season is the present time and recommended a waiver of liability for now and have these problems rectified at a later date. }b5' Mr. McCluskey noted that the request came from the Chelsea Fire Department which he felt was a serious concern since there have been other dangerous incidents at that company. He did not agree that they should be allowed to continue any dangerous activities even though it was their peak season. MR. MCCLUSKEY moved to request the Fire Inspector and the Zoning Enforcement Officer to visit the site of the Legion Fireworks Co. I In Chelsea to determine if there are any dangerous activities being conducted on the premises, and if so, report to the Town Board immediately so they can call an emergency meeting to take the necessary action. Seconded by Mr.Incoronato Motion Unanimously Carried At the request of residents in the Chelsea area, Mr. Incoronato visited the Chelsea Boat Ramp owned by the Town and agreed that there was insufficient parking for the boat owners. It was suggested by one of the residents that the Town look into the possibility of leasing the railroad property immediately east - of the tracks for additional parking; it was determined that the area in question would provide six more parking spaces for boats and trailers. MR. INCORONATO moved to direct a letter to Conrail asking them to consider leasing this property to the Town for the consideration of $1.00 a year, for parking purposes. Seconded by Mrs. Paino Motion Unanimously Carried Resolutions--- The following Resolution was offered by COUNCILWOMAN PAINO who moved its adoption: WHEREAS, the State of New York Audit and Control advised the Town in their audit of 1981 and 1982, to include Drainage Fees and Subdivision Inspection Fees in the General Fund - Town Outside Village, and - WHEREAS, the Town wishes to appropriate these drainage fees for expenses created by drainage improvements and subdivision inspection fees, for inspections caused by development in the Town, and WHEREAS, such monies shall and will be reserved for these purposes and carried over separate to the fund balance at the end of each fiscal year, BE IT RESOLVED, that Drainage Fees and Subdivision Inspection Fees be and are hereby placed in General Fund - /h0 Town Outside Village, and BE IT FURTHER RESOLVED, that such monies be and are hereby designated as reserved funds. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays l The following Resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that the sum of $2,10.6.49be and is hereby approved for payment to Morris & Andros, $ 1,,177,.37 to be paid from Downstream Drainage and $,929.12 from Subdivision Inspection Fees as per attached detailed billing. (figures as amended) Seconded by: Councilwoman Ballard Roll Call Vote: 3 Ayes Mr. McCluskey---Nay, Mrs. Paino---Nay Mrs. Paino explained that her "Nay" vote was due to the fact that in 1984 when the Town entered into a contract with Morris & Andros, an addendum was attached to the contract outlining the fees that would be charged to the Town and it indicated that "such fees shall not be exceeded without formally amending the Agreement and having said amendment approved by resolution of the l Town of Wappinger Town Board". The Board has not acted on any resolution amending the fee schedule, to her knowledge and the fees charged on the vouchers submitted indicated higher fees than those submitted with the original contract. Mr. McCluskey had originally voted for the adoption of the resolution to pay this voucher to Morris & Andros, but changed his vote to reflect that he would not approve payment of the vouchers submitted for the higher rate. MR. VERSACE moved to amend the above Resolution for payment to Morris & Andros from the Downstream Drainage and Subdivision Inspection Fee accounts so as to reflect the adopted 1984 contractual fees rather than the charges on the submitted vouchered l claims, which were based on an unapproved increase of fees. Seconded by Mr. Incoronato Roll Call Vote: 3 Ayes Mr. MqC~uskey---Nay, Mrs. Paino---Nay A Change Order for new Vault modifications was submitted by Hayward and Pakan at the request of the Town Board. The changes included a four hour fire rated vault door, fire resistant and were itemized on a communication from the general contractor to Hayward and pakan amounting to $16,485.00. " J. /~7 MRS. BALLARD moved to approve the Change Order as submitted and authorize the Supervisor to sign the Change Order form when it is submitted. Seconded by Mrs. Paino Motion Unanimously Carried A Public Hearing was held on May 20, 1985 on an application for a Special Use Permit from John Montfort on behalf of Jomo Realty Corp. At the last meeting the matter was tabled pending review of the application by the Engineer. The Engineer reported that he had been unable to discuss this matter with the applicant's Engineer since he had been out of town and it was recommended that they again table action to the next meeting. MR. VERSACE moved to table action on this matter to June 17, 1985 to enable the Engineer to review the application with the Engineer of Jomo Realty Corp. Seconded by Mr. Incoronato I Motion Unanimously Carried - Although the Town Board was to consider bids on the sale of the 1975 Hornet owned by the Town, no bids were received. MR. VERSACE moved to authorize the Comptroller to contact BOCES or other schools/~g8td use the car for their students and if not, contact junk car dealers to remove it. Seconded by Mr. McCluskey Motion Unanimously Carried A Contract was received from Robert J. Finnegan and Associates, Inc. to conduct a real property valuation update project in the Town of Wappinger and placed before the Board for their acceptance. The Attorney had reviewed the contract and found it to be proper in form and content. The total price is $159,000.00 and comple- tion was expected on or before May 31, 1987. MR. INCORONATO moved to approve the contract between Robert J. Finnegan and Associates, Inc. and the Town of Wappinger to conduct a real property valuation update project for the total amount of $159,000.00 and authorize the Supervisor to sign the contract. Seconded by Mrs. Ballard - Motion Unanimously Carried ..L- /6f' MR. VERSACE moved to table the Resolution for Increase of Building Permit Fees to the June 17, 1985 meeting. Seconded by Mrs. Paino Motion Unanimously Carried Unfinished Business--- L At the last meeting the Engineer was requested to investigate the approximate cost of construction of a sanitary sewer line under Route 9 at New Hackensack Road at the time of the State reconstruction. This action was prompted by a communication from the Village Attorney, Harold Reilly suggesting that the Town may be interested in participating in this project in the event that future hookups to the Tri-Municipal system are being considered. Mr. Evangelista reported that he had investigated the site and found that this location would not be a viable one for the Town; it would be less expensive to do borings in the future in a more accessible area to the Town sewer line. He recommended that the Town not become involved in the project. l MR. VERSACE moved to direct a letter to Mr. Reilly, Attorney for the Village of Wappingers Falls, and Mr. D. A. Mastropietro, Project Manager of the New York State Department of Transportation indicating that the Town of Wappinger is not interested in crossing Route 9 during construction at this time, as it would not be beneficial to the Town at this location. Seconded by Mr.Incoronato Motion Unanimously Carried Mr. Versace asked the Engineer for an update on the Palmateer water line extension on Montfort Road and the Hamilton Drainage Project on Hamilton and Connors Road. Mr. Evangelista reported that due to the cost involved on the Hamilton Project, it will be necessary to go to formal bid; the l Palmateer water line extension is less than the $7,000 require- ment and their intent is to seek prices from several contractors. Plans and specs will be available for the Hamilton bid next week and they have set a bid opening day for June 26, 1985; recommenda- tions will be submitted to the Board for their consideration at the July 1, 1985 meeting, for both projects. MR. VERSACE moved to authorize the Engineer to prepare the plans and specs for the H~milton Drainage Project and advertise a bid t ! - , ; It? opening date for June 26, 1985, and seek prices from several contractors for the Palmateer water extension line project with recommendations submitted to the Town Board prior to the July 1st, 1985 meeting. Seconded by Mrs. Paino Roll Call Vote: 4 Ayes Mr. McCluskey---Abstained ~..." fI Mr. Incoronato referred to a request to the New York State Department of Transportation last November regarding the instal- lation of a traffic signal at the intersection of Chelsea Road and Baxtertown Road with Route 90. A response was received from Mr. Mignogna, Regional Traffic Engineer informing us that a formal investigation has been initiated and a study would be conducted at that location; that was in December of 1984 and nothing has been received since then. MR. INCORONATO moved to direct another letter to Mr. Mignogna requesting the results of the study if completed and an approximate date when we may expect a report from his department. Seconded by Mrs. Paino Motion Unanimously Carried _ili; .".".j" ,.<. Mrs. Alberta Roe, being recognized by the Chair questioned the Board on the period of time it would take the Town to commence the project to reduce the corrosion in the Town water system; she was concerned due to the fact that she noticed corroded pipes in her solar hot water system. Mr. Versace replied that as soon as the D.E.C. gives its approval the Town would start this project; if necessary he would call a Special Meeting for Town Board action. There was no other business to come before the Board. MR. MCCLUSKEY moved to adjourn the Meeting, seconded by Mr. Incoronato and unanimously carried. The Meeting adjourned at 9 P.M. a~~~ Elaine H. Snowden Town Clerk ~.,;.;..."...... ,?~ ~; Reg. Mtg. 6/3/85 A Public Hearing was held by the Town Board of the Town of Wappinger on June 17,1985 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York, on Amendments to the Zoning Ordinance (Sections 450.52, 40.0.1 and 422) Supervisor Versace opened the Hearing at 7:35 P.M. r Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). The Town Clerk noted that this Amendment was published stating "Non-Conformin~ Districts as follows: 422---Schedule of Regulations for Non-Conforming Residential Districts". The Attorney has advised that the worn' "Conforming" be removed and "Residential" be used in its place. Recommendation had been received from the Dutchess County Depart- ment of Planning and the SEQR Review prepared by Morris and Andros; no recommendation had been received from the Town Planning Board. It was also noted that these Amendments were recommended by the Citizens Zoning Advisory Committee. Mr. VErsace asked for comments from the public either for or against these Amendments. Michael Hirkala spoke in favor of the Amendments and stated that the section on public hearings for site development plan reviews was part of the previous Zoning Ordinance, however when it was revised in 1980 this section was dropped. Since that time there have been a few commercial site plans approved which have had problems and questions from area residents. He recom- mended that this section be reinstated in the Zoning Ordinance. As a member of the Planning Board he stated that these Amendments have been discussed by the Board and they are in favor of their adoption. There were no other comments made by the public either for or against the proposed Amendments to the Zoning Ordinance. MR. VERSACE moved to close the Public Hearing, seconded by Mr. McCluskey and unanimously carried. The Public Hearing closed at 7:42~~~ Elaine H. Snowden Town Clerk ,~ ~ L L I' TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------------------------- IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AMENDMENTS TO THE ZONING ORDINANCE (SECTIONS 450.52 400.1 and 422) ----------------------------- STATE OF NEW YORK COUNTY OF DUTCHESS AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting and State of New York. Town Clerk of the Town of Wappinger, County of Dutchess That on May 22nd, 1985, your deponent posted a copy of the attached notice of Public Hearing on Amendments to the Zoning Ordinance, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, Wappingers Falls, Dutchess County, New York. Sworn to before me this lIt/, - day of --J~ 1985. il'~~ ::r L~ i .. . ~ Notary ublic. J v/r.:::rUQ r'~,;f.'''!..,'7.. !ft. f..ta~... i ..;li'.; ; t '...-;; ~':, " ~""', nc';i:". '" 0.: .'.: : "..:. )"" n.? C....utel.. \..lEi:':. i,~t:._;. ~j'.. "'I c:r- I II I I II ~_U-{ ~-\ S'~I\l'~ Elaine H. Snowden Town Clerk Town of Wappinger "'':J. cumd $. m>. NEWS DISPLAY ADVERTISING .:- CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLS Legal Notices ~ ( NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by lhe Town of WafPlnger Town Board on the 17th day 0 June. 1985 al 1:30 P.M. at tha Town Halllocaled on Mill Street, Wapp- ingers Falla, Counly of Culc,,"a &nd State of Naw York. concerning propos-' ed addltlona and amendmenla 10 th.. Zoning Ordinance of the Town of Wapp-_. Inger, aslolloWs: I I BE IT ENACTED AS FOLLOWS: Thet a ~ nctlon to be numbered 450.52 to be added 10 read al followl: . 450:52 ~b1Ic-'H~Jrig'fo,Slla DeYeIop-i ment Plan Review:: J' "A publIC Merjng lhell be Ichedul,cl for the ravtaw' ot all aile tMYelopmant plan appl!catIOl1ll' coming before lhe Planning Board. Public: notlca of luch hearlngl lhell.. publllhed In a newspaper dallgnated by lhe Town at I...t five dayl before the echeduled mMtlng data. Additionally, all abutting and~d acent (acrOSI"'a atreet or road) pr y ownera lhell be notified by ma I by the Town of laid hearing. The expenea of luch publlahed and mailed nolle.. ahell be bor", by the appli- cant." AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. . . ........ .G~.s.~:}.f1. .Schmit.4........... of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several . h . f Bookkeeper . Urnes erema ter was, the. 0 . . . . . . . . . . . . . . . . . . . . . of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for . .q:r:~. . . 0 0 weeks successivelyonce . . o h k . 22nd Mav . In eac wee , commencmg on the. 0 . . . . day of. . . .-i .19.85. and on the following dates thereafter, namely on '1 l and BE IT FURTHER ENACTED: That a naw lactlon 10 be numbered 400.1 be added 10 teed aa fellows: 400.1 Exlatlng Town Law Vlolatlona: "Whera an applicant. peraon, bualnen firm or corporate entlly hel necelved written notification that there la an existing violation. 01 the Zoning Or. dlnance or other Town lawa concerning the pramleal. no permit of any lype ahall be laaued, proceaead. or approved by the Town for the aald application un- til auch violation la cleared and remov- ed to the aallafactlon ollha appropriale Town agancy Of resolved by.due legal, proc888." I and' . BE IT FURTHER ENACTED: That Section 422 of tha Zoning Or- dinance of the Town of Wappinger be amended with relpee1 to the Schedule of Regulatlona for Non-Conformlng Dlatrlcfa.. .Iollowa: 422 Schedule Of Regulatlona for Non- Conforming Resldenilal Dlatrlcta: "HB-LA Highway Bualneaa.1 Acre, IhaU ""main as preeanlly written with the exception thaI the minimum front yard setback may be reduced to a flfly- foot minimum Iront yard letbaCk at the discretion of the Planning Board of the ,Town of Wappinger. Olherwlee, aU aec- U10na ..t fOurth In Section 422 lhell ... 'main the same. 'f IPLEl-SE TAKE FURTHER NOTICE 'that alllntereated persons will be heard .. at Ihe above stated time and place. BY ORDER OF THE TOWN BOARD Elaine Snowden. Town Clerk d d. h 2 2 nd d f Ma "I' an en lng on t e........ 0 . .. ay 0 . . . 0 oJ. . . . . . . 19.~? both days inc1.".':~e:(4~. @4 Subscribed and sworn to before me this . .~?!1~ .. .. day of. 0 MC\y . . . . . 1 <13 5. . . . . . . . . 0.- -- . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public Dated: May 20. 1985 My commission expires 0 0 . . . . . . . . . . . . . . . 0 . . . . . . . ALBERT M. OSTEN NGiARY pucue, ST.~TE OF NEW YORK QUALiflEQ !~. 0:' rr:ll[~;3 GOl.:NTY # 14.G2'~07GO 0- COMMIS~IGN EXl'lriE$ MARCil 30, 19~ .... ... ''1 __r.,